CRC - 2017 P 16 By Commissioner Gainey gaineye-00031-17 201716__ 1 A proposal to create 2 a new section in Article X of the State Constitution 3 to establish the rights to certain death benefits to 4 the survivors of specified first responders. 5 6 Be It Proposed by the Constitution Revision Commission of 7 Florida: 8 9 A new section is added to Article X of the State 10 Constitution: 11 ARTICLE X 12 MISCELLANEOUS 13 Death benefits for survivors of first responders.— 14 (a) A death benefit shall be paid by the first responder’s 15 employing agency when a firefighter; a paramedic; an emergency 16 medical technician; or a law enforcement, correctional, or 17 correctional probation officer, while engaged in the performance 18 of their official duties, is: 19 (1) Accidentally killed or receives accidental bodily 20 injury which results in the loss of the individual’s life, 21 provided that such killing is not the result of suicide and that 22 such bodily injury is not intentionally self-inflicted; or 23 (2) Unlawfully and intentionally killed or dies as a result 24 of such unlawful and intentional act. 25 (b) Payments authorized under subsection (a), regardless of 26 whether secured by insurance, shall be made to the beneficiary 27 that is designated by such first responder through a written 28 designation signed by the first responder and delivered to the 29 employing agency during the first responder’s lifetime. If no 30 such designation is made, the payment shall be made to the first 31 responder’s surviving child or children and spouse in equal 32 portions, and if there is no surviving child or spouse, then to 33 the first responder’s parent or parents. If a beneficiary is not 34 designated and there is no surviving child, spouse, or parent, 35 the payment shall be made to the first responder’s estate. 36 (c) Payments that are made pursuant to subsections (a) and 37 (b) are in addition to any workers’ compensation or pension 38 benefits and are exempt from the claims and demands of creditors 39 of the first responder. 40 (d) If a firefighter; a paramedic; an emergency medical 41 technician; or a law enforcement, correctional, or correctional 42 probation officer is accidentally killed as specified in 43 paragraph (a)(1), or unlawfully and intentionally killed as 44 specified in paragraph (a)(2), the state shall waive certain 45 educational expenses that the child or spouse of the deceased 46 first responder incurs while obtaining a career certificate, an 47 undergraduate education, or a postgraduate education. The amount 48 waived by the state shall be an amount equal to the cost of 49 tuition and matriculation and registration fees for a total of 50 120 credit hours. The child or spouse may attend a state career 51 center, a Florida College System institution, or a state 52 university. The child or spouse may attend any or all of the 53 institutions specified in this subsection, on either a full-time 54 or part-time basis. The benefits provided to a child under this 55 subsection continue until the child’s 25th birthday. The 56 benefits provided to a spouse under this subsection must 57 commence within 5 years after the death occurs, and entitlement 58 thereto shall continue until the tenth anniversary of that 59 death. 60 (e) This section does not limit the legislature from 61 enacting laws consistent with this section. 62 (f) This amendment becomes effective upon approval by the 63 electors.